Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105

Editing Law IP Designs 105

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. New practice area alert for law students: the specialty niche of fish artists asserting IP claims against print-on-demand services.

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. Alibaba N.D.

Trademark Law 111

Trademark Law Trademark IP Blogging 111

IP Tech Blog

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 57

Trademark Law Trademark Law Branding 57

azrights

NOVEMBER 17, 2021

Protectability of brand elements should be considered before finalising branding decisions because there are many rules in trademark law that could result in a chosen brand identifier not being deemed sufficiently distinctive. Names and taglines involve a host of considerations that go beyond the scope of this blog.

Trademark Law 52

Trademark Law Trademark Law Branding 52

The IP Law Blog

JANUARY 27, 2023

Scott Hervey and Josh Escovedo talk about the importance of this review on this episode of The Briefing by the IP Law Blog. Read Scott’s article about IP asset reviews on the IP Law Blog here. Listen to this podcast episode here. Watch this episode on the Weintraub YouTube channel here:

Blogging 52

Blogging IP Law Intellectual Property 52

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Lectro E-Mobility.

IP 143

IP Intellectual Property Copyright Trademark 143

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

The IP Law Blog

FEBRUARY 3, 2023

The Supreme Court will bring finality to several IP disputes this year. Scott Hervey and Josh Escovedo provide an overview of the trademark and copyright cases to watch on this episode of The Briefing by the IP Law Blog. Josh wrote about these cases on The IP Law Blog here.

Blogging 52

Blogging IP Law Trademark 52

The IP Law Blog

JANUARY 20, 2023

Trademarks perform a number of important functions. Scott Hervey and Josh Escovedo discuss the spectrum of trademark strength in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 52

Blogging Trademark Law IP 52

The IP Law Blog

JUNE 9, 2023

Scott Hervey and Tara Sattler talk about the protectability of short phrases on this episode of The Briefing by the IP Law Blog. While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Watch this episode on the Weintraub YouTube channel.

Blogging 52

Blogging Law IP Trademark Law 52

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

The IP Law Blog

MARCH 3, 2023

Rothschild found the artist’s ‘MetaBirkin’ NFTs constitutes trademark infringement and trademark dilution. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode on the Weintraub YouTube channel here:

Blogging 52

Blogging Law IP Trademark 52

The IP Law Blog

APRIL 14, 2023

The NFL and Las Vegas Raiders threatened to sue a local law firm for trademark infringement, after the firm hired one of its athletes to appear in an advertisement with black and silver branding. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Law IP Trademark 52

The IP Law Blog

SEPTEMBER 2, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.”. Watch the full episode on the Weintraub YouTube channel, here.

Trademark 109

Trademark Blogging IP Law 109

The IP Law Blog

JANUARY 13, 2023

An 11th Circuit Opinion in the ‘Floribama Shore’ trademark case provides guidance on establishing artistic relevance under the Rogers Test. Scott Hervey and Josh Escovedo talk about this case in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode of here. Watch this episode here:

Blogging 52

Blogging Trademark Law IP 52

LexBlog IP

FEBRUARY 11, 2024

I’ve seen plenty of blog posts and articles providing guidance about how to advertise today without running afoul of advertising and trademark law, and surely companies should adhere to that guidance, but it’s not nearly as interesting to post about as asking these questions.

Blogging 52

Blogging Advertising Advertising Trademark Law 52

The IP Law Blog

MAY 12, 2023

Popular food chains Chipotle and Sweetgreen settled a trademark dispute relating to Sweetgreen’s use of ‘CHIPOTLE’ on its menu. Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel.

Blogging 52

Blogging Trademark Law IP 52

The IP Law Blog

NOVEMBER 23, 2022

A law firm has filed a trademark infringement lawsuit against its namesake. Scott Hervey and Josh Escovedo discuss this case in this installment of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode here:

Blogging 52

Blogging Law Trademark IP 52

The IP Law Blog

OCTOBER 14, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a recent episode of Marvel’s “She-Hulk: Attorney at Law” and the accuracy of a trademark infringement case featured on the show. Listen to this podcast episode here. Watch this episode here:

Blogging 52

Blogging Law Trademark IP 52

The IP Law Blog

APRIL 28, 2023

Jack Daniels case, in which the whiskey company accused the dog toy maker of infringing its trademark with its whiskey bottle chew toy. Scott Hervey and Josh Escovedo discuss this dispute in this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel.

Blogging 52

Blogging Law IP Trademark 52

The IP Law Blog

SEPTEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a Trademark dispute between toy maker Mattel and Rap Snacks after the snack company launched ‘Barbie-Que Chips’ in collaboration with rapper Nicki Minaj. Listen to this podcast episode here. Watch this episode here: .

Blogging 52

Blogging IP Law Trademark 52

The IP Law Blog

JULY 14, 2021

In this week’s episode of The Briefing by The IP Law Blog , attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc., Watch the episode on YouTube at this link.

Blogging 98

Blogging Litigation IP Marketing 98

The IP Law Blog

JANUARY 6, 2023

The Supreme Court granted Jack Daniel’s petition for certiorari and will hear the trademark infringement case involving a parody dog chew toy that resembles the Jack Daniel’s Whiskey Bottle. Scott Hervey and Josh Escovedo discuss this latest development in this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Trademark Law IP 52

The IP Law Blog

MARCH 31, 2023

The United States Patent and Trademark office has suspended action on trademark applications targeting the names of public figures. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging 52

Blogging Trademark IP Law 52

The IP Law Blog

AUGUST 20, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the NCAA’s decision to petition a trademark held by a Urology office due to its alleged likeness to its own trademarks, ‘March Mayhem’ and ‘March Madness.’.

Trademark 104

Trademark Blogging IP Law 104

The IP Law Blog

JANUARY 5, 2022

In this episode of The Briefing from the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between UGG and an Australian shoemaker who attempted to sell a boot called “UGG”. Watch this episode on the Weintraub YouTube channel, here.

Trademark 104

Trademark Blogging IP Law 104

The IP Law Blog

MAY 26, 2023

Major League Baseball player Aaron Judge went before the Trademark Trial and Appeals Board to block a person’s attempt to secure trademark rights for slogans that play on his name. Scott Hervey and Josh Escovedo discuss this dispute on this episode of The Briefing by the IP Law Blog.

Blogging 52

Blogging Trademark IP Law 52

The IP Law Blog

NOVEMBER 4, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss developments in the trademark dispute between NBA star Luka Doncic and his mother. Listen to the podcast episode here. Watch this episode here:

Blogging 52

Blogging IP Trademark Law 52

LexBlog IP

APRIL 17, 2023

The recently published Draft Amendment to the Chinese Trademark Law is proposing the introduction of important changes to the current trademark system in China. The draft Article 18 Trademark Law correctly removes the distinction between registered and unregistered well-known marks. For example, the actual art.

Trademark Law 52

Trademark Law Trademark Law Branding 52

The IP Law Blog

SEPTEMBER 23, 2021

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark. Watch the episode on the Weintraub YouTube Channel, here.

Trademark 100

Trademark Blogging IP Law 100

The IP Law Blog

OCTOBER 28, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark dispute between NBA Star Luka Doncic and his mother. Listen to this episode here. Read more about this case here. Watch this episode here:

Blogging 52

Blogging Trademark IP Law 52

The IP Law Blog

APRIL 21, 2023

The Anne of Green Gables Licensing Authority is accusing a New York theater production company of trademark infringement for producing a show titled ‘Anne of Green Gables – The Musical.’ Scott Hervey and Josh Escovedo talk about this dispute on this episode of The Briefing by the IP Law Blog.

Music 52

Music Blogging Trademark IP 52

The IP Law Blog

JULY 29, 2021

In this bonus episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection. Lawsuits discussed: San Francisco Arts & Athletics, Inc.

Trademark 98

Trademark Art Blogging IP 98

The IP Law Blog

DECEMBER 23, 2022

trademark in a foreign territory. Scott Hervey and Josh Escovedo discuss this case in this episode of The Briefing by the IP Law Blog. Supreme Court will weigh in on the reach of the Lanham Act and whether it can protect against the infringement of a U.S. Listen to this podcast episode here.

Blogging 52

Blogging IP Law Trademark 52

The IP Law Blog

SEPTEMBER 30, 2021

In this week’s episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit filed by 1-800 Contacts that accuses Warby Parker of buying search-engine keywords for “1-800 Contacts” to misdirect customers to its competing online store.

Trademark 98

Trademark Blogging IP Law 98